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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts -Plaintiff, promotion and construction of a company, Korea-U.S. Basic Development Co., Ltd., Korea-U.S. Industrial Complex Construction Co., Ltd. are patent holders B (patent number C), D (patent number E) and F (patent number G) and Plaintiff, H, H, promotion and construction of a company, and Korea-U.S. Basic Development Co., Ltd. are patent holders J (patent number J).
(hereinafter referred to as the “instant patent,” collectively named each of the above patents. In addition, the Plaintiff and the Korea-U.S. Basic Development Company are “K” service mark holders (hereinafter the “instant service mark”), and the service business using the instant service mark is 256 cases, including building soundproof facilities and equipment installation business.
On June 10, 2013, the patentee, including the Plaintiff, entered into a license agreement with the Defendant to grant the non-exclusive license of the patent of this case.
(hereinafter referred to as the “instant contract”). However, at the time of entering into the instant contract, the validity of the instant contract takes effect from the date of entering into force, but the price for granting the instant non-exclusive license (hereinafter referred to as “patent user fee”) was separately determined by consultation.
After that, there was no separate consultation between the patentee and the defendant of this case including the plaintiff.
On the other hand, on June 24, 2016, the defendant submitted a written estimate of the following contents in the bidding of LH Corporation promoted by the LH Corporation:
-Written estimate-Name of Construction: Written estimate of Construction: 1,164,000,000 won per unit quantity per unit of construction type (VAT Map) shall be the higher than the unit price per unit of construction.
1. Fire-fighting base airspace, earth and sand supply, 1172,000,000
2. K promotional structure 4.2m x 1,8m x 2 heat 1965,00,000;
3. 12,00,000 square meters for a base hole or for a day wall; and
4. In addition, the content of introducing K method is stated in the case of the defendant's publicity guide 1,164,00,000 direct construction cost amounting to 15,00,000 direct construction cost amounting to 1,164,00,000.
[Based on recognition] A.2 through 7 (including attachment of a serial number), A.14, and B’s evidence, and arguments.